Torts & Contracts Case Solution And Analysis, HBR Case Study Solution & Analysis of Harvard Case Studies

Torts & Contracts Case Solution

The business’ confidential information is the company’s intellectual property, which must be kept be secret under different contracts. According to the given situation, Banner would be in a win situation, as the Plaintiff has provided the same solutions to the company’s key competitors, information of which was supposed to be kept confidential by the Banner Company. The Banner Company would not be legally binding in this situation as the Plaintiff had breached the privacy terms of the contract, over which, Banner Company can put legal legislation's.

TORTS QUESTIONS

A seven-year-old boy followed his dog into Mr. Howe’s backyard. The boy fell into a large hole dug by Mr. Howe in preparation for a tree plantation that had been ordered. The boy broke his arm when he fell. At the hospital, a doctor employed there for four years, treated the boy. The doctor did not set the boy’s arm because he failed to examine the x-ray and indication that the arm was broken. The arm healed improperly. When the boy kept complaining, his parents took him to the family doctor that discovered the break. The boy had his arm re-broken so that it could be set properly. On these facts, discuss the following:
Was the boy a trespasser? If so, does this mean that the owner of the land did not owe the boy a duty of care?

The boy was a trespasser, as he entered into the backyard without any permission or legal privilege. The land’s owner does not have a duty of care towards the boy, if his presence on the land was unknown to the owner.However, if the owner would have been aware of the trespasser coming to the lane, then it would have been duty to warn the trespasser of bad conditions or to make sure of the safe conditions, which might have avoided causing any physical or serious harm.

Do we look to case law developed over hundreds of years to discover the applicable principles, or is there subsequent legislation?

We don’t need to look for the law developed over the hundred years, as there is a subsequent legislation available over the duty of land owner towards the ordinary and the child trespassers.

Did the doctor owe a duty of care to the boy? If so, what is the standard of care owed? Is it the same as that of a family doctor?

Yes, the doctor owed a duty of care as his negligence led to the bone’s improper healing. The negligence standard must meet the standards of care towards an average person.

Is the hospital solely liable for any harm suffered to the boy by the treatment by the doctor?

The hospital would not be solely liable, as the doctor’s negligence led to the harm suffered by the boy. So, both the doctor and the hospital would be liable for the harm caused to the boy, as a result of negligence.

Could the court hold the boy partially responsible for his injuries? If they did, what would be the consequence with respect to the finding of fault or award of damages?

If the Court found the boy to be partially responsible for the injuries, then the Court would most likely apportion the damages’ awards in response to the apportionment of the fault.

What if the boy suffered from a rare bone disease and there was little likelihood that the break would heal properly, if at all, with the result that the boy lost the use of his arm?

If the boy suffered from a rare disease or even if the boy suffered a serious injury by losing the functionality of his arm, in both the cases; the doctor had the requirement of the care duty towards boy and the Court would charge both the doctor as well as the hospital for their negligent care services.

Beth and Alan had just left an expensive jewelry store in the Eaton’s Center when they were stopped by the store detective who told them he was going to detain them until a police officer came to charge them with theft of a pair of emerald and diamond earrings. Beth was upset; felt compelled to wait and did wait. Alan, however, just walked away and left the shopping center. It turned out that the jewelry was still in the glass case in the store, and not on Beth or Alan. On these facts, explain whether the following statements are true.
The detective had a reasonable belief that a theft had been committed and therefore cannot be sued.

The detective sat the store do not have any more powers as compared to an ordinary citizen. They can arrest any person, found to be guilty if a crime is committed. They are allowed to detain the suspected individuals until the police officer arrives. Under the Criminal Code Act, the store guards, owners and the agents have the powers to detain the suspected individuals till the arrival of a police officer.

The detective wanted to hold them both and therefore, both Beth and Alan can sue him for nuisance.

The detectives cannot hold any individual, until the person is under the arrest. In this scenario, the store detective had the power to detain the suspected individual till the arrival of the police officer, so, Beth and Alan cannot sue him for nuisance, as nuisance is something which refers to the invasion of someone’s legal rights. The store detective had the power and he was performing his duty, so he cannot be sued.

There was no crime committed and therefore, both Beth and Alan can sue him for false imprisonment.

It depends on the decision of the court that whether the crime was committed or not. The court will determine the reasonability of the detective’s belief and the possible outcome to be carried out by a reasonable person, under such scenario.

Beth could successfully sue both the store detective and the jewelry store-owner.

Yes, if the crime proves not to be committed by Beth and Alan, then Beth could successfully sue both the owners and the store detectives, as the courts have made the employers liable for the wrong acts by their employees over the past.

Steven Daedalus, a novelist and poet, was admitted to a psychiatric hospital and diagnosed as having a manic-depressive personality. After treatment with medication failed, the doctors discussed shock therapy with him and his wife. After being informed that the treatment does not always work, and that the effects of the treatment often stifle creativity, they both agreed to it and Steven signed a consent form. The treatment proved successful for several months. Steven’s behavior stabilized, and he was able to return to his writing. After a few months the symptoms began to return, and Steven found he could not write for weeks at a time. He began to believe he would not be able to complete his latest novel. The main character in this novel was a young, manic-depressive artist struggling with his psychological condition and his art. As his frustration grew his behavior grew more erratic and he began abusing his wife. Their marriage ended shortly after. With regard to these facts, explain whether or not the following statements are true.........................

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